The Master License Agreement is a foundational document used when one party (the licensor) grants another party (the licensee) rights to use specific intellectual property, technology, software, or other proprietary assets. This agreement, governed by New Zealand law, establishes the comprehensive framework for the licensing relationship, including scope of rights, commercial terms, usage restrictions, and compliance requirements. It is particularly valuable for ongoing or multiple licensing arrangements between the same parties, as it sets standard terms that can be referenced by subsequent license schedules or orders. The agreement ensures compliance with New Zealand legal requirements while protecting both parties' interests through clear allocation of rights, responsibilities, and risks.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, relationship between parties, and purpose of the licensing arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Grant of License: Scope, nature, and terms of the license grant, including territory and exclusivity provisions
5. License Fees and Payment Terms: Financial terms, payment schedules, and related obligations
6. Intellectual Property Rights: Ownership, protection, and enforcement of IP rights
7. Confidentiality: Protection and handling of confidential information
8. Warranties and Representations: Warranties regarding IP ownership, authority to license, and performance
9. Term and Termination: Duration, renewal terms, and termination rights and processes
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Compliance and Audit Rights: Compliance requirements and audit provisions
12. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Sub-licensing Rights: Terms for sub-licensing when the licensee is permitted to grant licenses to third parties
2. Source Code Escrow: Provisions for source code escrow arrangements in software licensing
3. Professional Services: Terms for additional services such as implementation, training, or maintenance
4. Data Protection: Specific provisions for handling personal data when the license involves data processing
5. Export Control: Compliance with export control laws for international licensing
6. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
7. Change Control: Procedures for managing changes to licensed products or services
8. Disaster Recovery: Business continuity and disaster recovery requirements for critical licenses
1. Schedule 1 - Licensed Products/Materials: Detailed description of licensed products, materials, or software
2. Schedule 2 - Technical Specifications: Technical requirements and specifications of licensed items
3. Schedule 3 - Service Levels: Performance standards and service level requirements
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees, royalties, and payment terms
5. Schedule 5 - Support and Maintenance: Terms and scope of support and maintenance services
6. Schedule 6 - Authorized Users: Definition and requirements for authorized users of licensed materials
7. Appendix A - Acceptable Use Policy: Guidelines and restrictions for use of licensed materials
8. Appendix B - Security Requirements: Security standards and requirements for handling licensed materials
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Telecommunications
Media and Entertainment
Professional Services
Healthcare Technology
Financial Services
Manufacturing
Biotechnology
Education Technology
Digital Publishing
Research and Development
Relevant Teams
Legal
Commercial
Intellectual Property
Business Development
Information Technology
Compliance
Risk Management
Procurement
Research and Development
Product Management
Relevant Roles
Legal Counsel
Commercial Director
Licensing Manager
Intellectual Property Manager
Contract Manager
Business Development Director
Chief Technology Officer
Compliance Officer
Risk Manager
Commercial Manager
Senior Legal Counsel
Head of Legal
Technology Manager
Chief Executive Officer
Chief Commercial Officer
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